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1982-0119_ZIELKE, CHARLES E. AND ROBERTA A._E6_Agenda Report0 . AGENDA ITEM January 19, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Agreement for Maintenance of Decorative Block Wall, Lot 28, Tract 9578 (Zielke) SITUATION Staff is requesting approval of an agreement with Mr. and Mrs. Zielke, property owners in Country Hills Estates. The City has a sanitary sewer easement running the length of the Zielke's southerly sideyard property line. The owners desire to place a masonry block wall along this property line, and the agreement provides the right to do so while protecting the City's easement rights. Succinctly, the agree- ment permits the wall's construction but, insures that the City can maintain its sewer by removing the wall where required. A copy of the agreement is available in the Public Works office. FINANCIAL CONSIDERATIONS The agreement places the fiscal burden of replacing the wall upon the property owners. The agreement provides that no claims shall be made against the City arising from damage to the wall. ALTERNATE ACTIONS 1. Approve the agreement. 2. Do not approve the agreement. 3. Require modification of the agreement. RECOMMENDATION By motion, approve the agreement with owners of Lot 28, Tract 9578, Mr. and Mrs. Charles E. Zielke, for the maintenance of a decorative block wall within a City sanitary sewer easement and authorize the Mayor and City Clerk to execute the agreement. Respectfully submitted, W. D. Mur�PV WDM:GML/rem